Hamidi et al v. Service Employees International Union Local 1000 et al

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 12/16/14 ORDERING that the Clerk of Court shall file "Plaintiff Ken Hamidi's motion to quash third party subpoena duces tecum" on the docket. The motion to quash is denied without prejudice.(Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KOUROSH KENNETH HAMIDI, et al.,

12

Plaintiffs,

13
14
15

No. 2:14-cv-0319-WBS-KJN

v.

ORDER

SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 100,
et al.,

16

Defendants.

17
18

The court is in receipt of a motion styled as “Plaintiff Ken Hamidi’s motion to quash third

19

party subpoena duces tecum.” Although plaintiff Hamidi is represented by counsel in this action,

20

the motion was filed by plaintiff Hamidi himself acting pro se. Ordinarily, the court would be

21

concerned about a represented party attempting to file documents himself pro se, and would have

22

been disinclined to even permit such filings on the case docket. However, upon closer

23

examination, it appears that plaintiff Hamidi did not file the motion on his own behalf as a

24

plaintiff in the case, but instead has moved to quash a subpoena directed to a non-party

25

corporation, the California Professional Public Employees Association (“CPPEA”), with which

26

plaintiff Hamidi is somehow involved. See also http://kepler.sos.ca.gov/. As such, the court will

27

direct the Clerk of Court to enter the motion on the case docket.

28

////
1

1

Nevertheless, Mr. Hamidi is not an attorney, and CPPEA cannot appear in federal court

2

without an attorney. Rowland v. California Men’s Colony, 506 U.S. 194, 202 (1993) (holding

3

that corporations, partnerships, or associations may not appear in federal court otherwise than

4

through a licensed attorney). Therefore, the court denies the motion without prejudice. If

5

CPPEA wishes to renew the motion, it must appear through counsel and file a properly-noticed

6

motion in accordance with the court’s Local Rules and the Federal Rules of Civil Procedure.

7

Accordingly, IT IS HEREBY ORDERED that:

8

1. The Clerk of Court shall file “Plaintiff Ken Hamidi’s motion to quash third party

9

subpoena duces tecum” on the docket.

10

2. The motion to quash is denied without prejudice.

11

IT IS SO ORDERED.

12

Dated: December 16, 2014

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2